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In a film studio's torrenting suit, Meta says it tried to avoid distributing the text data it got by BitTorrent, and raises no fair use defense for now

Strike 3 Holdings, an adult film company, alleges that its films were downloaded and shared by BitTorrent from Meta's network. In its answer to the amended complaint, Meta denies that it torrented any of the plaintiffs' films. It admits that it "undertook efforts to avoid distributing text data that it procured via BitTorrent" for developing and training its language models, a reference to the book datasets at issue in the authors' suits. Meta says it denies exercising any right under the Copyright Act as to the films and therefore "does not currently assert any fair use defense," while reserving the right to do so. Its other defenses include that any conduct was by third parties for whom it is not responsible. In the authors' and publishers' suits, Meta's answers admit that some data was uploaded while it downloaded book datasets by BitTorrent. These are Meta's own statements in its pleading; the court has made no findings.